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Our specialist Will, Trust and Estate Disputes team has successfully helped a man claim fair financial provision following the death of his partner.

Background

Our client, George Hogan, sadly lost his wife of 25 years in March 2010. George had worked full time to support her for most of their marriage, but she had total control of the finances and had placed all of their assets, including the marital home, in her sole name.

Her Will allowed George to remain in the marital home during his lifetime, or to sell it and invest the money for an income. After his death, this would then be handed over to her son, grandchildren and selected dog charities she worked for. The remainder of her estate was also divided in this way.

However, her son intervened and decided to sell the house. George therefore contacted our Will, Trust and Estate Disputes team for clarification of the details surrounding his partner’s Will.

Claiming For Financial Provision

As a spouse, George was entitled to make a claim for financial provision from his wife’s estate under the Inheritance (Provision for Family and Dependants) Act 1975.

The Will, Trust and Estate Disputes team has extensive experience in making Inheritance Act claims and as a result, they were able to successfully conclude George’s claim within eight months, without having to issue court proceedings.

George received over £210,000 from the estate. We were also able to successfully negotiate payment of costs from the other side, meaning George didn’t have to pay a penny.

Satisfactory Outcome

Following the success of his claim, George said: “I was worried that I would have to go to court and that making a claim would cost me a lot of money. Irwin Mitchell explained everything to me and put my mind at rest.

“They were very helpful and I am grateful for all the work they put into my case. Making the claim brought me closure and I can now move on with my life.”

Adam Draper, Partner at Irwin Mitchell’s Sheffield office representing George said: “From speaking to George, we were able to assess that his wife’s will did not make sufficient provision for him. We have acted for many people in George’s position and used our experience and expertise to negotiate appropriate financial provision for him.”